Services
The Services include HotDeals (located at www.HotDeals.com). The Services
may also be located on third party web sites and/or applications. Our
Services enable you to locate the latest travel deals and online coupons
available from leading merchants. We provide you with the latest travel
information as well as coupon listings which allow you, the user, to receive
discounts on purchases at merchants for whom we have coupons.
The Services act as a system or venue to introduce you
to sellers of goods or services online. Single Concepts uses reasonable
efforts to ensure the availability of the information and content, including
coupon codes and expiration dates, that it makes available through the
Services. However, merchants have the ability to change or terminate their
promotional offers at any time, including but not limited to, the coupon
code and the expiration date. Since the Services are composed of content
not offered by Single Concepts, Single Concepts does not control (i) the
terms of the coupon or promotional offer made by the merchant; (ii) the
availability or technical capabilities of the merchant Web sites or links
to their Web sites; (iii) the quality, safety or legality of items available
through or on merchant Web sites or sites of third parties not in privity
of contract with Single Concepts, (iv) the truth or accuracy or legality
of the content from those advertisers or those third parties (even if
such content appears on the Services), or (v) Single Concepts is not liable
or responsible for content supplied by third parties, or for actions you
might take in reliance on that content.
Nothing contained in any of the Services is an offer or
promise to sell a specific product for a specific price or that any merchant
will sell any product or service for any purpose or price or on any specific
terms. Single Concepts does not guarantee the price, terms, product, availability
and/or services offered by any merchant.
For all of the Services, Single Concepts is not involved
in any transactions between you and any of the merchants for whom we list
coupons or promotional offers, and is not responsible for, and does not
guarantee the price or performance of any goods, services or information
provided by advertisers. If you have a dispute with one or more merchants,
you agree to release and hereby release Single Concepts (and Single Concepts's
officers, directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If applicable, you
waive Georgia Civil Code section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR."
Only Personal Use is Authorized
Under this Agreement, Single Concepts gives you permission to access and
use the Services for your personal use, and to copy, distribute and transmit
the content of the Services only to the extent that such copying, distribution,
and transmission is automatically done through your browser software incidentally
to using the Services for your personal use. You may also print a copy
of the information displayed on the Services for your personal use. That
means, that except as set forth above, you may not modify, reformat, copy,
display, distribute, transmit, publish, license, create derivative works
from, transfer or sell any information, products, or service obtained
by your use of the Services. This restriction means, among other things,
that you may not mirror on your own Web site any portion of the Services
or display through your own Web site any results pages or other information
from the Services without Single Concepts's express permission.
The technology underlying, and content within, the Services
is owned by Single Concepts and/or its licensors (including Single Concepts's
merchants and other content providers) and is protected by copyright and
other intellectual property or proprietary rights. If you use the Services
other than as provided above, you may violate copyright and other laws
of the United States, other countries, as well as applicable state laws
and may be subject to penalties. That would not be a good thing. As between
you and Single Concepts, Single Concepts owns and retains all ownership
of the technology underlying and content within the Services, and reserves
all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
Single Concepts DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Single Concepts Potential Liability for the Services
is Limited
NEITHER Single Concepts NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICES. Single Concepts WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR
INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED
TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Single
Concepts, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
Single Concepts is a provider of an interactive computer services for
purposes of 47 U.S.C. section 230. As such, its liability for others'
conduct and information is limited as described therein.
Further, Single Concepts is a service provider pursuant
to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium
Copyright Act, Single Concepts has designated an agent to receive notifications
of alleged copyright infringement on the Services:
Business and Legal Affairs
Single Concepts.com, Inc.
P.O. Box 361119
Decatur, GA 30036
E-Mail: customerservice@hotdeals.com
In notifying Single Concepts of alleged copyright infringement,
you must include the following information: A description of the copyrighted
work that is the subject of claimed infringement A description of the
infringing material and information sufficient to permit Single Concepts
to locate the alleged material Contact information for you, including
your address, telephone number and/or email address A statement by you
that you have a good faith belief that the material in the manner complained
of is not authorized by the copyright owner, or its agent, or by the operation
of any law A statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the authority
to enforce the copyrights that are claimed to be infringed A physical
or electronic signature of the copyright owner or a person authorized
to act on the owner's behalf
Failure to include all of the above-listed information
may result in the delay of the processing of your complaint. For more
information on the Digital Millennium Copyright Act please visit the United
States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Single Concepts does not arbitrate or resolve trademark
disputes among Single Concepts's advertisers or between those advertisers
and third parties. However, Single Concepts will promptly comply with
an order of a court of competent jurisdiction concerning a trademark issue.
Single Concepts occasionally receives requests to remove listings from
within the Services. Single Concepts reserves the right to address such
requests on a case-by-case basis.
Privacy and Data Collection
Single Concepts does not collect personally identifying information from
users of the Services unless users have explicitly given such information
to Single Concepts (for example, when subscribing to a newsletter or when
sending us an email with a question or as part of a contest). Single Concepts's
information practices are further described in its privacy policy. Single
Concepts's privacy policy is part of this Agreement, and you agree that
use of data as described in the privacy policy is not an actionable breach
of your privacy or publicity rights. If you have entered into another
agreement with Single Concepts (such as a Partner Agreement or an Merchant
Agreement), then you may be subject to additional or different provisions
regarding privacy and data collection. If you would like more information,
please read our privacy policy.
You should consider any communication that you transmit
to Single Concepts (such as data, questions or answers, comments, or suggestions)
as non-confidential, and agree that Single Concepts will not be liable
or responsible if information that belongs to you is intercepted and used
by an unintended recipient.
Control over Features, Functions, and Access to
the Services
Single Concepts reserves the right to change any information, features
and functions of the Services without prior notice. Single Concepts may
deny you access to all or part of the Services without prior notice if
you engage in any conduct or activities that Single Concepts determines,
in its sole discretion, violate this Agreement, the rights of Single Concepts
or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Georgia without
regard to its conflict of law provisions. Single Concepts's failure to
exercise or enforce any right or provision of the Agreement will not be
deemed to be a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of this Agreement remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Notice
You may direct any questions concerning this Agreement to:
Business and Legal Affairs
Single Concepts
P.O. Box 361119
Decatur, GA 30036
E-Mail: customerservice@hotdeals.com
Amendment
Single Concepts may amend this Agreement at any time by posting the amended
terms on its Web site. Except as stated below, all amended terms are automatically
effective 15 days after they are initially posted. This Agreement may
not be otherwise amended except in a written document signed by you and
Single Concepts.
This agreement was last revised on July 23, 2003.